Legal Definitions - manu militari

Manu militari

The Latin phrase manu militari historically refers to actions or enforcement carried out by military force. It describes situations where an authority, typically a government, uses its armed forces to achieve an objective, maintain order, or suppress opposition, rather than relying on civilian law enforcement, judicial processes, or diplomatic means.

Here are some examples illustrating the application of manu militari:

• Example 1: Enforcing a Royal Decree

  Imagine a monarch in the 18th century facing widespread resistance to a new tax. When local civilian authorities are unable to collect the revenue, the monarch dispatches regiments of soldiers to the rebellious provinces to compel payment and punish non-compliance. This direct use of the army to enforce a civil decree, bypassing normal legal channels, would be an action taken manu militari.

• Example 2: Post-Conflict Occupation

  Following a war, a victorious nation occupies the defeated territory. Instead of establishing a civilian administration immediately, it uses its military forces to dismantle the previous government, control key infrastructure, and impose new laws, ensuring compliance through the direct presence and authority of its soldiers. This period of military governance and enforcement is an example of exercising power manu militari.

• Example 3: Suppressing a Major Uprising

  Consider a situation in the early 20th century where a large-scale workers' strike escalates into a violent uprising, threatening national stability and essential services. If the government decides to deploy its national army, complete with tanks and armed personnel, to quell the rebellion, restore order, and enforce martial law, it would be acting manu militari. The use of the army, rather than the police, to resolve a domestic crisis illustrates this concept.